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Can I take someone to court for not paying back a loan, even though I didn't have them sign a contract?

Raleigh, NC | November 4, 2010 11:39pm

I let my ex-girlfriend borrow about $1300 and she told me she would pay it back when she got her refund check from college. She got the refund check in August, but it's now November and she still hasn't paid me back. I didn't make her sign a promissory not or a contract. What are the chances of me getting my money back?

Unwritten contracts are usually worth the paper they are written upon.

This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

If you wrote her a check you can prove the loan. If other people know about it that will strengthen your case. It sounds like you will have to file a small claims suit against her. Be prepared for her to call it a gift or deny receiving the money if it was paid in cash.

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